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UPDATE: Las Cruces City Council approves strip club, but splits on liquor license

By Steve Ramirez/sramirez@lcsun-news.com

Posted:
11/19/2012 03:34:33 PM MST

Click photo to enlarge

Rodger Blair of Las Cruces addresses members of the Las Cruces City Council on Monday to express his opposition to issuing a liquor license to The Bronx strip club. The council voted 6-1 during Monday s session to approve a special use permit that will allow the club to open, but approval of a liquor license for the establishment will be decided by the state, after a 3-3 tie vote from the council, with Councilor Olga Pedroza not voting.

LAS CRUCES — Whatever you choose to call it: a strip club, topless club, gentlemen's club or adult entertainment club - or whether you're in favor of it or not — one is going to open in Las Cruces.

The Las Cruces City Council overturned a September recommendation from the city's Planning and Zoning Commission to deny a special use permit for the adult club, to be called The Bronx. The council voted 6-1 Monday to approve an appeal that grants a special use permit that will allow the club to open, at 2221 Westgate Court, off west Amador Avenue, nearby an adult bookstore.

The city was faced with the potential of state and federal lawsuits if it didn't approve the special use permit. Karen Wootton, a Las Cruces attorney representing the owners of the strip club cited alleged violations of the First Amendment — which allows for free speech and the right of free expression - in the commission's initial denial of the special use permit.

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Wootton said despite public outcry against the club, the city's Planning and Zoning Commission failed to follow constitutional law in considering a special use permit.

"My clients have met all the requirements for a special use permit," Wootton said.

The council ultimately agreed there was nothing legally the city could do to stop the club from opening. Despite any personal objections individual council members might have had, the club's opening had to adhere to First Amendment rights granted through the U.S. Constitution.

"It's important to note that all the votes in favor were sided on the legal aspects," said Las Cruces resident Russ Warner, who regularly attends council meetings.

"Today, there are mixed emotions here," added resident Ron Camunez, another regular attendee at council meetings. "Let's not pervert the Constitution here to show what is morally right."

Mayor Pro Tem Sharon Thomas summed up much of the council's sentiments, when it came time for the vote.

"We cannot deny something we do not like," Thomas said. "It's their right. We cannot say this kind of establishment cannot go anywhere. We can only mitigate.

" I agree we have to say the Planning and Zoning Commission did not make the correct decision."

However, Councilor Miguel Silva, who cast the lone dissenting vote against the club, said he believed a paradox exists in city ordinances that might otherwise disallow the club from opening.

"To me, there were inconsistencies with the SUP," said Silva, referring to the special use permit.

The council looked for other ways to challenge the special use permit. Councilor Nathan Small questioned the proximity of a Elephant Butte Irrigation District lateral to the club, claiming the lateral is a recreational facility used by residents. However, city officials said the lateral is 1,531 feet from where the club will be built, which is far enough to qualify for a special use permit.

The council also considered postponing a decision on the appeal. But Wootton warned the city could face legal problems if any further delays were approved.

But when it came time to consider the approval of a liquor license transfer for the club, the council wasn't as accommodating. It deadlocked 3-3, with Councilor Olga Pedroza out of Council Chambers and not voting on the license request.

UPDATE: According to Mayor Miyagishima, Pedroza left the Council Chambers before the liquor license vote because she was feeling ill.

Because of the tie, the council vote failed and the New Mexico Alcohol and Gaming Division, which granted preliminary approval of a liquor license, will likely have the final say whether The Bronx will be able to serve liquor or not.

But Councilor Greg Smith felt the liquor license was much like the appeal; the council really didn't have much leeway in deciding.

"We don't have the opportunity, or luxury, to deny that right to others," said Smith, regarding proposed liquor license.

Smith, with Small and Thomas, voted to approve the liquor license transfer. Silva, Councilor Gill Sorg and Miyagishima voted against it.

Steve Ramirez can be reached at (575) 541-5452. Also follow him on Twitter @SteveRamirez6.

First Amendment challenge

— Citing alleged violations by the Las Cruces Planning and Zoning Commission, owners of The Bronx, a strip club, successfully appealed the commission's non-binding recommendation Monday before the Las Cruces City Council.

— The council voted 6-1 to overturn the commission's denial of a special use permit, which will allow the club to open. Miguel Silva was the one dissenter.

— It will be at 2221 Westgate Court, off west Amador Avenue.

— The club will be on property zoned M-1, or Manufacturing 1, which allows that type of business to operate there.

— Applicant for the club is Mariah Hernandez, manager of Central Park, a limited liability company in New Mexico.

— The council deadlocked, 3-3, on a liquor license transfer for the business. But the New Mexico Alcohol and Gaming Division has the final say and could approve a liquor license.

— Councilors Greg Smith and Nathan Small, and Mayor Pro Tem Sharon Thomas voted to approve the liquor license transfer. Councilors Miguel Silva and Gill Sorg, and Mayor Ken Miyagishima voted against the liquor license transfer. Councilor Olga Pedroza left Council Chambers and was not present when the vote was conducted.